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No obligation on employee to provide entire employment history

We’ve all heard of situations where employees have inflated their qualifications or employment experiences to obtain the job. But what happens if an employee deliberately leaves out part of their employment history? The job advert for Mr Findley’s role stated “previous experience of providing security services in a residential, commercial and/or university environment would be a distinct advantage.” In response, Mr Findley referred to his previous employment history with Chubb Security and Wilson Security. The employer alleged Mr Findley had engaged in misconduct by having “deliberately made misrepresentations, omissions and/or false statements in relation to his previous employment for the purpose of obtaining employment.” This is because Mr Findley did not mention his employment with Diamond Protection, another security company. In the decision, the Federal Circuit Court held that an employee answering a generic question about their prev...

24 November 2017

Enterprise agreement quashed – no “genuine agreement” by employees

The Federal Court has agreed with the CFMEU to “undo” a two year old enterprise agreement that applied to the employees of One Key Workforce Pty Ltd on the basis that it was not “genuinely agreed” to by employees. Under the applicable legislation, the Fair Work Commission must, before ratifying an enterprise agreement, be satisfied the agreement has been “genuinely agreed” to by the employees covered by it at the time of the approval vote. In some instances, employers seek to make enterprise agreements with a small number of employees who do particular work with the intent of later applying the enterprise agreement to a much broader range of future employees. In this case, the employer asked three current employees who worked exclusively in mining and construction occupations to approve an enterprise agreement that would ultimately cover future employees in 11 occupations including transportation, hospitality and clerical work. The...

8 November 2017

Even former bargaining representatives have a right to know the enterprise agreement has been lodged for approval

A Full Bench of the Fair Work Commission has determined that the Fair Work Commission Rules require an employer, when lodging an application for the approval of an enterprise agreement, to notify not only existing but also former bargaining representatives of the application.  The failure to do so amounts to a denial of natural justice.  Former bargaining representatives do not have an automatic right to be heard but can make an application to be heard on the application.  The failure to notify the former bargaining representative of the application being lodged denied them the opportunity to make an application to be heard at the approval of the agreement.   In this particular instance, the former bargaining representative that was a union had notified the employer that it wanted to be notified when the agreement was lodged for approval but the employer failed to notify the union. It is important to appreciate that the failure to notify all bargaining r...

4 September 2017